Act 423 Lembaga Pembangunan Langkawi Act 1990

Lembaga Pembangunan Langkawi 1
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LAWS OF MALAYSIA
REPRINT
Act 423
LEMBAGA PEMBANGUNAN
LANGKAWI ACT 1990
Incorporating all amendments up to 1 January 2006
PUBLISHED BY
THE COMMISSIONER OF LAW REVISION, MALAYSIA
UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968
IN COLLABORATION WITH
PERCETAKAN NASIONAL MALAYSIA BHD
2006
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LEMBAGA PEMBANGUNAN LANGKAWI

ACT 1990
Date of Royal Assent ... ... ... … 8 February 1990
Date of publication in the Gazette … 22 February 1990
PREVIOUS REPRINT
First Reprint ... ... ... ... ... 2001
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LAWS OF MALAYSIA
Act 423
LEMBAGA PEMBANGUNAN
LANGKAWI ACT 1990
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
Section
1. Short title and commencement

2. Interpretation
PART II
THE LEMBAGA
3. The Lembaga
4. Functions of the Lembaga
5. Membership of the Lembaga
6. Public Authorities Protection Act 1948
7. Public servants
8. Power of the Minister to give directions
9. The Kawasan Lembaga Pembangunan Langkawi
10. Returns, reports, accounts and information
PART III
CHAIRMAN, OFFICERS, SERVANTS
11. The Chairman

12. The General Manager
13. Appointment of officers and Adam
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Lembaga
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4 Laws of Malaysia ACT 423
Section
14. Regulations with respect to conditions of service
15. Regulations with respect to discipline
PART IV
FINANCE
16. The Fund

17. Conservation of Fund
18. Reserve fund
19. Expenditure to be charged on the Fund
20. Expenditure and preparation of estimates
21. Statutory Bodies (Accounts and Annual Reports) Act 1980
PART V
OTHER POWERS OF THE LEMBAGA
22. Delegation of functions, powers or duties of the Lembaga

23. Power to borrow
24. Investment
25. Power to employ
26. Power to grant loans
27. Power to establish corporations
28. Compulsory acquisition of land
PART VI
GENERAL
29. (Deleted)
30. Obligation of secrecy
31. Power to make regulations
32. Things done in anticipation of the enactment of this Act
33. Period of operation
34. Dissolution of the Lembaga
FIRST SCHEDULE
SECOND SCHEDULE
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LAWS OF MALAYSIA
Act 423
LEMBAGA PEMBANGUNAN LANGKAWI ACT 1990
An Act to incorporate the Lembaga Pembangunan Langkawi and

to provide for matters connected therewith.
[15 March 1990, P.U. (B) 165/1990]
BE IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan

Agong with the advice and consent of the Dewan Negara and
Dewan Rakyat in Parliament assembled, and by the authority of
the same, as follows:
PART I
PRELIMINARY
Short title and commencement
1. This Act may be cited as the Lembaga Pembangunan Langkawi

Act 1990 and shall come into force on such date as the Minister
may, by notification in the Gazette, appoint.
Interpretation
2. (1) In this Act, unless the context otherwise requires—
“company” has the same meaning as that assigned to “corporation”

under subsection 4(1) of the Companies Act 1965 [Act 125];
“corporation” means a corporation established under section 27;
“Fund” means the fund established under section 16;
“General Manager” means the General Manager appointed under

subsection 12(1) and includes any officer directed under subsection
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12(5) to perform the duties of the General Manager;
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“Joint Chairman” means a Joint Chairman of the Lembaga
appointed under section 5;
“Kawasan Lembaga Pembangunan Langkawi” means the area or

areas determined by the Minister in accordance with section 9;
“Lembaga” means the Lembaga Pembangunan Langkawi

established under section 3;
“Menteri Besar” means the Menteri Besar of Kedah;
“Minister” means the Minister of Finance;
“State” means the State of Kedah.
(2) References to the “Chairman” in this Act shall be construed,

unless the context otherwise requires, as references to the Joint
Chairmen acting jointly.
PART II
THE LEMBAGA
The Lembaga
3. There is hereby established a body corporate by the name of

“Lembaga Pembangunan Langkawi” with perpetual succession and
a common seal, which may sue and be sued in its name and,
subject to and for the purposes of this Act, may enter into contracts
and may acquire, purchase, take, hold and enjoy movable and
immovable property of every description and may convey, assign,
surrender, yield up, charge, mortgage, demise, reassign, transfer
or otherwise dispose of, or deal with any movable or immovable
property or any interest therein vested in the Lembaga upon such
terms as it deems fit.
Functions of the Lembaga
4. (1) The functions of the Lembaga shall be—

(a) to promote, stimulate, facilitate and undertake economic
and social development in the Kawasan Lembaga
Pembangunan Langkawi;
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(b) to promote and stimulate the Kawasan Lembaga
Pembangunan Langkawi as a tourist destination and duty
free area;
(c) to promote, stimulate, facilitate and undertake the
development of tourism and infrastructure as well as
residential, agricultural, industrial and commercial
development in the Kawasan Lembaga Pembangunan
Langkawi; and
(d) to co-ordinate the performance, in the Kawasan Lembaga
Pembangunan Langkawi, of the activities mentioned in
paragraphs (a), (b) and (c).
(2) The Lembaga shall have power to do all things expedient

or reasonably necessary for, or incidental to, the performance of
its functions, and in particular, but without prejudice to the generality
of the foregoing—
(a) to carry on all activities, particularly activities relating
to tourism, activities which are commercial or industrial
in nature and activities of research and training, the carrying
on whereof appears to it to be requisite, advantageous or
convenient for or in connection with the performance of
its functions;
(b) to initiate preliminary studies of possible development
and redevelopment areas and make preliminary plans
outlining development or redevelopment activities and
preliminary surveys to determine if the undertaking and
carrying out of development or redevelopment projects
are feasible;
(c) to co-operate with or act as agent or managing agent of,
or otherwise act in association with or on behalf of, the
Federal Government or the State Government, any public
authority, any company or corporation, or any other body
or person;
(d) to promote and co-ordinate the carrying on of such activities
by the Federal Government or the State Government, any
public authority, any company or corporation, or any
other body or person;
(e) with the approval of the Minister, to establish or expand,
or promote the establishment or expansion of, companies,
corporations or other bodies to carry on any such activities
either under the controlAdam Haida
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(f) to give assistance to any public authority, any company
or corporation, or any other body or person, appearing
to the Lembaga to have facilities for the carrying on of
any such activities, including, with the approval of the
Minister, financial assistance by the taking up of share
or loan capital or by loan or otherwise;
(g) with the approval of the Minister, to underwrite or otherwise
acquire any stock and shares in any public or private
company, and to dispose of the same on such terms and
conditions as the Lembaga may, with the approval of the
Minister, determine;
(h) to require government departments and governmental and
non-governmental agencies engaged in carrying out, or
intending to carry out, development in the Kawasan
Lembaga Pembangunan Langkawi to submit reports
regarding their activities or proposed activities containing
such particulars and information as may be specified by
the Lembaga;
(i) with the approval of the Minister, to dispose of capital
assets and to use the proceeds from such disposal as
directed by the Minister;
(j) to appoint such agents as it may deem fit for the purpose
of performing its functions;
(k) to impose fees or any other charges it deems fit for
giving effect to any of its functions or powers;
(l) to regulate, coordinate and undertake development,
including the development of infrastructure, in the Kawasan
Lembaga Pembangunan Langkawi; and
(m) to do such other things as it deems fit to enable it to carry
out its functions and powers effectively.
(3) Subject to section 8, it shall be the responsibility of the

Lembaga in performing its functions under this Act to ensure that
the functions are performed in such manner as shall be in furtherance
of the policy of the Government for the time being in force and
in particular the policy relating to the development of tourism,
investment and foreign exchange in the Kawasan Lembaga
Pembangunan Langkawi. Adam Haida & Co
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(4) Notwithstanding subsections (1), (2) and (3), the Lembaga
shall, before performing any of its functions involving development
planning, first consult the State Government.
Membership of the Lembaga
5. (1) The Lembaga shall consist of the following members:

(a) two Joint Chairmen, one of whom shall be the Menteri
Besar and the other appointed by the Prime Minister; and
(b) three other members who shall be appointed by the Prime
Minister after consultation with the Menteri Besar.
(1A) The General Manager shall be an ex-officio member of the

Lembaga.
(2) The provisions of the First Schedule shall apply to the

Lembaga.
Public Authorities Protection Act 1948
6. The Public Authorities Protection Act 1948 [Act 198] shall

apply to any action, suit, prosecution or proceedings against the
Lembaga or against any member, officer, servant or agent of the
Lembaga in respect of any act, neglect or default done or committed
by him in such capacity.
Public servants
7. All members, officers and servants of the Lembaga, while

discharging their duties as such members, officers and servants,
shall be deemed to be public servants within the meaning of the
Penal Code [Act 574].
Power of the Minister to give directions
8. The Lembaga shall be responsible to the Minister, and the

Minister may from time to time give directions not inconsistent
with the provisions of this Act and the Lembaga shall, as soon as
possible, give effect to all suchAdam
directions.
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The Kawasan Lembaga Pembangunan Langkawi
9. (1) For the purposes of this Act, the Minister may, with the
concurrence of the State Government, from time to time determine
by notification in the Gazette the area or areas within which the
Lembaga shall perform its functions under this Act and such area
or areas shall be known as the “Kawasan Lembaga Pembangunan
Langkawi”.
(2) Notwithstanding any other written law, it shall be the

responsibility of the Lembaga to perform, in the Kawasan Lembaga
Pembangunan Langkawi, the functions provided by this Act.
Returns, reports, accounts and information
10. (1) The Lembaga shall furnish to the Minister, and such public
authority as may be directed by the Minister, such returns, reports,
accounts and information with respect to its property and activities
as the Minister may from time to time require or direct.
(2) Without prejudice to the generality of the provisions of

subsection (1), the Lembaga shall, as soon as practicable after the
end of each financial year, cause to be made and transmitted to
the Minister and, if so directed by the Minister, to the State
Government or any other public authority a report dealing with the
activities of the Lembaga during the preceding financial year and
the report shall be in such form and shall contain such information
relating to the proceedings and policy of the Lembaga as the
Minister may from time to time specify.
PART III
CHAIRMAN, OFFICERS, SERVANTS
The Chairman
11. (1) Any function, power or duty which under this Act is to
be performed, exercised or discharged by the Chairman shall be
performed, exercised or discharged by the Joint Chairman acting
jointly.
(2) Without prejudice to the other provisions of this Act, the

Chairman shall perform such duties as the Minister may, from
time to time, determine. Adam Haida & Co
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The General Manager
12. (1) The Lembaga may, with the approval of the Minister,
appoint a principal executive officer, designated as “General
Manager”, from among the officers appointed under section 13,
and vest him with such powers and impose upon him such duties
as may be determined by the Lembaga.
(2) The General Manager shall be responsible for—

(a) the preparation of programmes, schemes and projects for
the consideration of the Lembaga;
(b) the execution of all programmes, schemes and projects
of the Lembaga; and
(c) the carrying out of the decisions of the Lembaga and the
directions of the Chairman.
(3) The General Manager shall have general control of the other
officers and servants of the Lembaga.
(4) The General Manager shall perform such further duties as

the Lembaga may from time to time direct.
(5) If the General Manager is temporarily absent from Malaysia

or is temporarily incapacitated through illness or for any other
sufficient reason from the performance of his duties, the Lembaga
may direct any other officer to perform his duties during such
temporary absence or incapacity.
Appointment of officers and servants of the Lembaga
13. (1) Subject to any regulations made under section 14, the
Lembaga may appoint on such terms and conditions as it may
think desirable such officers and servants as may be necessary for
carrying out the purposes of this Act.
(2) No person shall be eligible for employment as an officer or

servant of the Lembaga if he has, directly or indirectly, by himself
or his partner, any share or interest in any contract or proposed
contract with, for or on behalf Adam
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Lembaga.
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Regulations with respect to conditions of service
14. The Lembaga may, from time to time, with the approval of
the Minister, make regulations with respect to the conditions of
service of its officers and servants.
Regulations with respect to discipline
15. (1) The Lembaga may, from time to time, with the approval
of the Minister, make regulations with respect to the discipline of
its officers and servants.
(2) The regulations made under this section may include provisions
for—
(a) the interdiction with reduction in salary or in other
remuneration; or
(b) the suspension without salary or other remuneration,
of an officer or servant of the Lembaga during the pendency of

disciplinary proceedings.
(3) The regulations made under this section shall create such
disciplinary offences and provide for such disciplinary punishments
as the Lembaga may deem appropriate, and the punishments so
provided may extend to dismissal or reduction in rank.
(4) The regulations made under this section shall, in prescribing

the procedure for disciplinary proceedings, provide for an opportunity
for representations to be made by the person against whom the
disciplinary proceedings are taken before a decision is arrived at
by the Lembaga on the disciplinary charge laid against such person.
PART IV
FINANCE
The Fund
16. (1) There is hereby established, for the purposes of this Act,
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a fund to be administered and controlled & Co
the Lembaga.
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(2) The Fund shall consist of—
(a) such sums as may be provided from time to time for
those purposes by the Parliament or the State Legislative
Assembly;
(b) such sums as may be paid from time to time to the
Lembaga from loans made by the Lembaga;
(c) moneys earned by the operation of any project, scheme
or enterprise financed from the Fund;
(d) moneys earned or arising from any property, investments,
mortgages, charges or debentures acquired by or vested
in the Lembaga;
(e) any property, investment, mortgages, charges or debentures
acquired by or vested in the Lembaga;
(f) sums borrowed by the Lembaga for the purposes of meeting
any of its obligations or discharging any of its duties; and
(g) all other sums or property which may in any manner
become payable to or vested in the Lembaga in respect
of any matter incidental to its functions, powers and
duties.
Conservation of Fund
17. It shall be the duty of the Lembaga to conserve the Fund by

so performing, exercising and discharging its functions, powers
and duties under this Act as to secure that the total revenues of
the Lembaga are, subject to any directions given by the Minister,
sufficient to meet all sums properly chargeable to its revenue
account, including depreciation and interest on capital, taking one
year with another.
Reserve fund
18. The Lembaga shall establish and manage a reserve fund

within the Fund.
Expenditure to be charged on the Fund
19. The Fund shall be expended for the purpose of—

(a) granting loans under section 26; & Co
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(b) paying any expenditure lawfully incurred by the Lembaga,
including survey and legal fees and costs and other fees
and costs, and the remuneration of officers and servants
appointed and employed by the Lembaga, including
superannuation allowances, pensions or gratuities;
(c) paying any other expenses, costs or expenditure properly
incurred or accepted by the Lembaga in the performance
of its functions or the exercise of its powers under section
4;
(d) purchasing or hiring plant, equipment, machinery, stores
and any other materials, acquiring land and erecting
buildings, and carrying out any other works and
undertakings in the performance of its functions or the
exercise of its powers under section 4;
(e) repaying any moneys borrowed under this Act and the
interest due thereon; and
(f) generally, paying any expenses for carrying into effect
the provisions of this Act.
Expenditure and preparation of estimates
20. (1) The expenditure of the Lembaga up to such amount as

may be authorized by the Minister for any one year shall be
defrayed out of the Fund.
(2) Before the beginning of September of each year, the Lembaga

shall submit to the Minister an estimate of the expenditure (including
the expenditure for development projects) for the following year
in such form and containing such particulars as the Minister may
direct; and the Minister shall, before the beginning of the following
year, notify the Lembaga of the amount authorized for expenditure
generally or of the amounts authorized for each description of
expenditure.
(3) The Lembaga may at any time submit to the Minister a

supplementary estimate for any one year and the Minister may
allow the whole or any part of the additional expenditure included
therein.
(4) The Minister may direct the Lembaga to submit a copy of

the estimate or supplementary estimate, as the case may be, to the
State Government or to such other public authority
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Statutory Bodies (Accounts and Annual Reports) Act 1980
21. The provisions of the Statutory Bodies (Accounts and Annual

Reports) Act 1980 [Act 240] shall apply to the Lembaga and any
corporation established under this Act.
PART V
OTHER POWERS OF THE LEMBAGA
Delegation of functions, powers or duties of the Lembaga
22. (1) The Lembaga may, subject to such conditions, limitations

or restrictions as it thinks fit to impose, delegate to either of the
Joint Chairman or to the General Manager any function, power or
duty, as the Lembaga may determine, vested in or imposed on the
Lembaga by this Act, except the power to borrow money, raise
loans or make regulations; and any function, power or duty so
delegated may be performed, exercised or discharged by the Joint
Chairman or General Manager, as the case may be, in the name
and on behalf of the Lembaga.
(2) Without prejudice to the generality of subsection (1) and to

the other provisions of this Act, the Lembaga may delegate to
either of the Joint Chairman or to the General Manager authority
to sanction expenditure from the Fund or any other moneys vested
in and under the control of the Lembaga up to such limit as the
Lembaga shall specify.
Power to borrow
23. (1) The Lembaga may, from time to time, with the approval
of the Minister, borrow, at such rate of interest and for such period
and upon such terms as to the time and method of repayment and
otherwise as the Minister may approve, any sums required by the
Lembaga for meeting any of its obligations or discharging any of
its duties.
(2) The Lembaga may from time to time, with the approval of
the Minister, borrow money by the issue of bonds, debentures or
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stock of such class and value and uponHaida & Co as it may, with
such terms
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the approval of the Minister, deem expedient, for all or any of the
following purposes:
(a) the provision of working capital;
(b) the performance of the functions, the exercise of the
powers and the discharge of the duties of the Lembaga
under this Act;
(c) the performance of such additional functions as may be
undertaken by the Lembaga under this Act;
(d) the redemption of any shares or stock which it is required
or entitled to redeem; and
(e) any other expenditure properly chargeable to capital
account.
Investment
24. The assets of the Lembaga shall, in so far as they are not
required to be expended by the Lembaga under this Act, be invested
in such manner as the Minister may approve.
Power to employ
25. The Lembaga may employ and pay agents and technical
advisers, including advocates and solicitors, bankers, stockbrokers,
surveyors, valuers and other persons, to transact any business or
to do any act required to be transacted or done in the performance
of its functions, the exercise of its powers or the discharge of its
duties or for the better carrying into effect the purposes of this Act.
Power to grant loans
26. In the performance of its functions, the exercise of its powers

or the discharge of its duties the Lembaga may, with the approval
of the Minister, grant loans, and such loans may be granted subject
to such terms and conditions as the Lembaga may, with the approval
of the Minister, deem fit to impose in particular cases.
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Power to establish corporations
27. (1) The Lembaga may from time to time, with the approval
of the Minister, by order published in the Gazette, establish a
corporation, by such name as the Lembaga may think fit, to carry
out and have the charge, conduct and management of any project,
scheme or enterprise which has been planned or undertaken by the
Lembaga in the performance of its functions, the exercise of its
powers or the discharge of its duties.
(2) The provisions of the Second Schedule shall apply to every

corporation established by the Lembaga under subsection (1).
Compulsory acquisition of land
28. (1) When any immovable property, not being State land, is
needed to be acquired by the Lembaga for the purposes of this Act,
such property may be acquired in accordance with the provisions
of any written law for the time being in force in the State relating
to the acquisition of land for a public purpose, and any declaration
required by any such written law that such land is so needed may
be made notwithstanding that compensation is to be paid by the
Lembaga, and such declaration shall have effect as if it were a
declaration that such land is needed for a public purpose in accordance
with such written law.
(2) All expenses and compensation payable for the acquisition

of any immovable property under this section shall be paid by the
Lembaga.
(3) Where any immovable property has been acquired under

this section, the Lembaga shall extract the necessary documents
of title in respect of such property and shall pay any rent to which
such property may be subject.
PART VI
GENERAL
29. (Deleted by Act 478). Adam Haida & Co

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Obligation of secrecy
30. (1) Except for any of the purposes of this Act or for the
purpose of any civil or criminal proceedings under any written
law, no member, officer or servant of the Lembaga shall disclose
any information which has been obtained by him in the course of
his duties and which is not published in pursuance of this Act.
(2) Any person contravening subsection (1) shall be guilty of

an offence and shall be liable on conviction to imprisonment for
a term not exceeding six months or to a fine not exceeding one
thousand ringgit or to both.
Power to make regulations
31. (1) The Lembaga may, with the approval of the Minister,
make such regulations as may be expedient or necessary for the
better carrying out of the provisions of this Act.
(2) Without prejudice to the generality of subsection (1),

regulations may be made for—
(a) prescribing the manner in which documents, cheques and
instruments of any description shall be signed or executed
on behalf of the Lembaga;
(b) prescribing the responsibilities and control of officers
and servants of the Lembaga;
(c) imposing fees in such cases as may be determined by the
Lembaga;
(d) providing for such matters in connection with shares,
stock, bonds, debentures or debenture stock issued under
this Act as may appear necessary or expedient to the
Lembaga, and, in particular, for regulating the method of
issue, transfer, redemption or other dealing with such
shares, stock, bonds, debentures or debenture stock;
(e) prescribing the manner in which and the terms and
conditions on which loans may be granted by the Lembaga
under section 26; and
(f) providing generally for the performance of the functions,
the exercise of the powers and the discharge of the duties
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(3) Regulations under this section—
(a) may provide that any act or omission in contravention of
any provision thereof shall be an offence; and
(b) may provide for the imposition of penalties for such
offence, which penalties shall not exceed one thousand
ringgit.
Things done in anticipation of the enactment of this Act
32. All things done by any person or authority on behalf of the

Lembaga in the preparation of and towards the proper implementation
of any of the provisions of this Act, and any expenditure incurred
in relation thereto, in anticipation of the enactment of this Act
shall be deemed to have been authorized by this Act, and all rights
acquired or obligations incurred on behalf of the Lembaga from
anything so done shall upon the coming into force of this Act be
deemed to be the rights and obligations of the Lembaga.
Period of operation
33. (1) This Act shall be in operation for a period of twenty years
from the date of coming into force, but such period may be extended,
by an order made by the Minister, to such further period or periods
as may be determined by agreement between the Federal Government
and the State Government.
(2) Any order made under subsection (1) shall be published in

the Gazette and be laid before both Houses of Parliament.
Dissolution of the Lembaga
34. (1) Upon this Act ceasing to be in operation the Lembaga

shall stand dissolved.
(2) The Minister shall, six months before the Act ceases to be
in operation, give directions on the dissolution and winding up of
the Lembaga, including directions with respect to the corporations
and companies, if any, established
Adamunder this& Act.
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(3) Upon the dissolution of the Lembaga—
(a) all powers, rights, privileges, duties, liabilities and
obligations of the Lembaga shall devolve on the
Government;
(b) all land vested in the Lembaga shall vest—
(i) in respect of land acquired pursuant to section 28,
and land which has been purchased by the Lembaga,
in the *Federal Lands Commissioner for the purpose
of the Government; and
(ii) in respect of State land which has been alienated
to the lembaga by the State Authority, in the State
Secretary, Kedah, for the purpose of the State,
provided that an amount of compensation as may
be agreed to between the Federal Government and
the State Authority shall be paid to the Federal
Government by the State Authority in respect of
any development made by the Lembaga on the said
land.
(c) all property and assets, other than land, which were vested
in the Lembaga or in any other person on its behalf shall
vest in the Government;
(d) any deed, bond, agreement or instrument to which the
Lembaga was a party shall have effect as if the Government
were substituted for the Lembaga as a party thereto and
as if any reference therein to the Lembaga were a reference
to the Government;
(e) all civil proceedings or causes of action by or against the
Lembaga or any person acting on its behalf may be
continued or instituted by or against the Government.
(4) Subject to subsection (3), the winding up of the Lembaga

shall be conducted in such manner as may be determined by the
Minister.
(5) If any difficulty or anomaly arises in connection with the

implementation of the provisions of subsection (3), the Minister
may, by order, make such modifications therein as may appear to
him to be necessary for removing such difficulty or anomaly.
*NOTE—The title of the office of the Federal Lands Commissioner is now known as the Director
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General of Land and Mines (Federal)–see P.U. (B) 324/1970.
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F IRST SCHEDULE
[Subsection 5(2)]
Appointment, revocation and resignation
1. (1) A member of the Lembaga, other than the Menteri Besar and the General
Manager, shall, subject to such conditions as may be specified in his instrument
of appointment, hold office for a term not exceeding three years and is eligible
for reappointment.
(2) The appointment of any member, other than the Menteri Besar and the
General Manager, may at any time be revoked by the Prime Minister without
assigning any reason therefor.
(3) A member, other than the Menteri Besar and the General Manager, may
at any time resign his office by letter addressed to the Prime Minister.
(4) Every member shall devote such time to the business of the Lembaga
as is necessary to discharge his duties effectively.
Vacation of office
2. (1) The office of a member of the Lembaga, other than the Menteri Besar
and the General Manager, shall be vacated—
(a) if he dies;
(b) if there has been proved against him, or he has been convicted on,
a charge in respect of—
(i) an offence involving fraud, dishonesty or moral turpitude;
(ii) an offence under any law relating to corruption or under section
30; or
(iii) any other offence punishable with imprisonment (in itself only
or in addition to or in lieu of a fine) for more than two years;
(c) if he becomes bankrupt;

(d) if he is of unsound mind or is otherwise incapable of discharging his
duties;
(e) if he absents himself from three consecutive meetings without leave
of the Lembaga;
(f) in the event of his resignation being accepted by the Prime Minister;
or
(g) if his appointment is revoked by the Prime Minister.
(2) Where any person ceases to be a member by reason of any of the

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Remuneration or allowance
3. There may be paid to members of the Lembaga or any other person (not
being an officer or servant of the Lembaga who is within the ambit of the
provisions of this Act relating to the terms and conditions of service applicable
to his case) such remuneration or allowance as the Minister may determine.
Meetings
4. (1) The Lembaga shall meet at least once in every two months.
(2) The quorum of the Lembaga shall be four.
(3) Subject to the provisions of this Act, the Lembaga shall determine its
own procedure.
Lembaga may invite others to meetings
5. The Lembaga may request any person (not being a member of the Lembaga)
to attend any meeting or deliberation of the Lembaga for the purpose of advising
it on any matter under discussion, but any person so attending shall have no
right to vote at the said meeting or deliberation.
Common seal
6. (1) The Lembaga shall have a common seal which shall bear such device
as the Lembaga shall approve and such seal may from time to time be broken,
changed, altered or made anew as the Lembaga may think fit.
(2) Until a seal is provided by the Lembaga, a stamp bearing the words
“Lembaga Pembangunan Langkawi” may be used and shall be deemed to be
the common seal of the Lembaga.
(3) The common seal shall be kept in the custody of either of the Joint
Chairman or such other person as may be authorized by the Lembaga, and shall
be authenticated by the Joint Chairman or such authorized person or by any
officer authorized by either of them in writing; and all deeds, documents and
other instruments purporting to be sealed with the said seal, authenticated as
aforesaid, shall, until the contrary is proved, be deemed to have been validly
executed:
Provided that any document or instrument which if executed by a person not

being a body corporate would not be required to be under seal may in like
manner be executed by the Lembaga; and any such document or instrument may
be executed on behalf of the Lembaga by any officer or servant of the Lembaga
generally or specially authorized by the Lembaga in that behalf.
(4) The common seal of the Lembaga shall be officially and judicially
noticed.
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Disclosure of interest
7. A member of the Lembaga having, directly or indirectly, by himself or his

partner, any interest in any company or undertaking with which the Lembaga
proposes to make any contract or having any interest in any such contract or
in any matter under discussion by the Lembaga shall disclose to the Lembaga
the fact of his interest and the nature thereof, and such disclosure shall be
recorded in the minutes of the Lembaga and, unless specifically authorized
thereto by the Chairman, such member shall take no part in any deliberation
or decision of the Lembaga relating to the contract or matter.
Minutes
8. (1) The Lembaga shall cause minutes of all its meetings to be maintained
and kept in a proper form.
(2) Any minutes made of meetings of the Lembaga shall, if duly signed, be
admissible in evidence in all legal proceedings without further proof and every
meeting of the Lembaga in respect of the proceedings of which minutes have
been so made shall be deemed to have been duly convened and held and all
members thereat to have been duly qualified to act.
Validity of acts and proceedings
9. No act done or proceeding taken under this Act shall be questioned on the
ground of—
(a) any vacancy in the membership of, or of any defect in the constitution
of, the Lembaga;
(b) the contravention by any member of the Lembaga of the provisions
of paragraph 7; or
(c) any omission, defect or irregularity not affecting the merits of the
case.
SECOND SCHEDULE
[Subsection 27(2)]
Power of the Lembaga to make regulations in respect of corporation
1. The Lembaga shall, on or before the date on which any corporation is

established under section 27, make regulations in respect of such corporation
defining—
(a) the purposes and objects for which the corporation is established;
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(c) the system of management thereof; and
(d) the relations between such corporation and the Lembaga and the
Lembaga’s rights of control over such corporation.
Limitation on power to establish corporation
2. Nothing in paragraph 1 shall be deemed to authorize the Lembaga to make

regulations to establish any corporation for any purpose or object more extensive
in scope than the purposes or objects for which the Lembaga has been constituted
or to confer on any corporation any right, duty, power or function which is not
within the rights, duties, powers, or functions of the Lembaga under this Act.
Effect of regulations
3. Subject to the provisions of this Act and of any regulations made under
section 31, any regulations made under paragraph 1 shall be binding on the
corporation in respect of which they were made and shall have effect for all
purposes as if they had been enacted in this Act.
Amendment of regulations
4. The Lembaga may at any time amend, revoke or add to any regulations
made under paragraph 1 in respect of any corporation.
Register of corporations
5. The Lembaga shall keep a register in the prescribed form of all corporations
established by it under section 27 and such register, together with copies of all
regulations made under paragraphs 1 and 4, shall be open to public inspection
at such place or places and at such time as it may prescribe.
Winding up
6. (1) The Lembaga may, with the approval of the Minister, by order published
in the Gazette, direct that any corporation established by it be wound up and
dissolved.
(2) Upon the dissolution of any corporation under this paragraph the assets
of the corporation after discharging all its liabilities shall be transferred to and
shall vest in the Lembaga.
(3) The winding up of a corporation under this paragraph shall be conducted

in such manner as the Lembaga may prescribe.
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Corporations to be bodies corporate
7. Every corporation established under section 27 shall be a body corporate

by such name as the Lembaga shall give to it and shall have perpetual succession,
and a common seal and may sue and be sued in such name and, for the purpose
of carrying into effect the project, scheme or enterprise for which it has been
established, may enter into contracts and may hold and deal in or with any
immovable or movable property and may do all other matters and things incidental
or appertaining to a body corporate not inconsistent with the provisions of this
Act and subject to such restrictions or limitations as may be prescribed by the
Lembaga in each case.
Common seal of corporations
8. (1) Every corporation shall have a common seal which shall bear such
device as the corporation, with the approval of the Lembaga, may approve and
such seal may from time to time be broken, changed, altered or made anew as
the corporation, with the approval of the Lembaga, may think fit.
(2) Until a seal is provided by the corporation, a stamp bearing the name
of the corporation encircling the letters “LPL” may be used and shall be deemed
to be the common seal of the corporation.
(3) The common seal shall be kept in the custody of such person as may
be authorized by the corporation, and shall be authenticated by such person;
and all deeds, documents and other instruments purporting to be sealed with
the said seal, authenticated as aforesaid, shall, until the contrary is proved, be
deemed to have been validly executed:
Provided that any document or instrument which if executed by a person not

being a body corporate would not be required to be under seal may in like
manner be executed by the corporation; and any such document or instrument
may be executed on behalf of the corporation by any officer or servant of the
corporation generally or specially authorized by the corporation in that behalf.
(4) The common seal of every corporation shall be officially and judicially
noticed.
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LAWS OF MALAYSIA
Act 423
LIST OF AMENDMENTS
Amending law Short title In force from
Act 478 Revocation of Exemption From 21-02-1992

Payment of Stamp Duties Act 1992
Act A882 Lembaga Pembangunan Langkawi 04-03-1994

(Amendment) Act 1994
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LAWS OF MALAYSIA
Act 423
LIST OF SECTIONS AMENDED
Section Amending authority In force from
2 Act A882 04-03-1994
5 Act A882 04-03-1994
12 Act A882 04-03-1994
22 Act A882 04-03-1994
29 Act A478 21-02-1992
34 Act A882 04-03-1994
First Schedule Act A882 04-03-1994
DICETAK OLEH
PERCETAKAN NASIONAL MALAYSIA BERHAD,
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BAGI PIHAK DAN DENGAN PERINTAH KERAJAAN MALAYSIA
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Lembaga Pembangunan Langkawi 1

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LEMBAGA PEMBANGUNAN LANGKAWI

Date of Royal Assent ... ... ... … 8 February 1990

Date of publication in the Gazette … 22 February 1990

First Reprint ... ... ... ... ... 2001

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1. Short title and commencement

CHAIRMAN, OFFICERS, SERVANTS

11. The Chairman

16. The Fund

OTHER POWERS OF THE LEMBAGA

22. Delegation of functions, powers or duties of the Lembaga

LEMBAGA PEMBANGUNAN LANGKAWI ACT 1990

An Act to incorporate the Lembaga Pembangunan Langkawi and

[15 March 1990, P.U. (B) 165/1990]

BE IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan

Short title and commencement

1. This Act may be cited as the Lembaga Pembangunan Langkawi

2. (1) In this Act, unless the context otherwise requires—

“company” has the same meaning as that assigned to “corporation”

“corporation” means a corporation established under section 27;

“Fund” means the fund established under section 16;

“General Manager” means the General Manager appointed under

“Kawasan Lembaga Pembangunan Langkawi” means the area or

“Lembaga” means the Lembaga Pembangunan Langkawi

“Menteri Besar” means the Menteri Besar of Kedah;

“Minister” means the Minister of Finance;

“State” means the State of Kedah.

(2) References to the “Chairman” in this Act shall be construed,

3. There is hereby established a body corporate by the name of

Functions of the Lembaga

4. (1) The functions of the Lembaga shall be—

(2) The Lembaga shall have power to do all things expedient

(3) Subject to section 8, it shall be the responsibility of the

Membership of the Lembaga

5. (1) The Lembaga shall consist of the following members:

(1A) The General Manager shall be an ex-officio member of the

(2) The provisions of the First Schedule shall apply to the

Public Authorities Protection Act 1948

6. The Public Authorities Protection Act 1948 [Act 198] shall

7. All members, officers and servants of the Lembaga, while

Power of the Minister to give directions

8. The Lembaga shall be responsible to the Minister, and the

(2) Notwithstanding any other written law, it shall be the

Returns, reports, accounts and information

(2) Without prejudice to the generality of the provisions of

CHAIRMAN, OFFICERS, SERVANTS

(2) Without prejudice to the other provisions of this Act, the

(2) The General Manager shall be responsible for—

(4) The General Manager shall perform such further duties as

(5) If the General Manager is temporarily absent from Malaysia

Appointment of officers and servants of the Lembaga

(2) No person shall be eligible for employment as an officer or

Regulations with respect to discipline

of an officer or servant of the Lembaga during the pendency of

(4) The regulations made under this section shall, in prescribing

17. It shall be the duty of the Lembaga to conserve the Fund by

18. The Lembaga shall establish and manage a reserve fund

Expenditure to be charged on the Fund

19. The Fund shall be expended for the purpose of—

Expenditure and preparation of estimates

20. (1) The expenditure of the Lembaga up to such amount as